Environmental Protection Commission

Press release:

DNR/EPC MISSED MAJOR ERROR IN IOWA SELECT FACTORY FARM APPLICATION

Today Iowa’s Environmental Protection Commission (EPC) took no action on a Humboldt County appeal of a factory farm permit approved by DNR in January, despite being denied at the county level. However, county officials say they will be voting to appeal this in District Court at an upcoming meeting, if ultimately approved.

During the hearing it was brought to everyone’s attention that Iowa DNR did not do it’s due diligence after Iowa Select submitted an apparently erroneous application. The nearest home to the proposed factory farm is also a business; which changes the points they received for separation distances from a commercial enterprise, item 3 on the Master Matrix. This would lower the Master Matrix score from 445 to 420 – a failing grade which would automatically deny the permit to build the factory farm.

“It appears that Iowa Select is not a good neighbor because if they were they would have known about our business,” said Lynsy Harrigan, daughter of the nearest neighbors of the proposed factory farm in Humboldt County. “It seems like Iowa Select only cares about its profits, not about the Iowans they negatively impact. We need local control.”

However, Iowa Select attempted to make a case that the neighbors business was not a business. State law (567—65.1 (459,459B) Definitions) says:

“Commercial enterprise” means a building which is used as a part of a business that manufactures goods, delivers services, or sells goods or services, which is customarily and regularly used by the general public during the entire calendar year and which is connected to electric, water, and sewer systems. A commercial enterprise does not include a farm operation.

The business, located less than a quarter mile away, meets all the definitions of a commercial enterprise under state law.

To address this new finding, EPC member Bob Sinclair, made a motion to table the decision, which failed. Then EPC member Mary Boote, motioned to approve the application, which also failed.

EPC member Howard Hill abstained from voting because of a conflict of interest having worked for Iowa Select most of his life. This conflict of interest comes in addition to the $275,000 in campaign donations to Governor Reynolds from the owners of Iowa Select.

Members of Iowa Citizens for Community Improvement will continue to organize community members in Humboldt County as they challenge Iowa Select’s unwanted expansion.

This hearing also comes after two more counties – Fremont and Fayette – recently passed resolutions calling for more protections from the factory farm industry.

According to the USDA Ag Census, in 1978, Iowa had 57,325 farmers raising hogs on diversified livestock operations all across the state. But in 2012, we had just 6,266 farmers raising hogs,” said Shari Hawk, CCI member from Ankeny. “As we’ve increased the number of factory farms in our state, we’ve lost our independent family farmers who were once the backbone of our communities. It’s time for a moratorium on factory farms.”

Iowa Select is the largest hog producer in Iowa and the fifth largest nationally. The factory farm application contested by Humboldt County is one of 20+ factory farms that Iowa Select proposed in the span of about two months. The EPC was originally scheduled to hear Hardin County’s appeal of an Iowa Select factory farm as well, but Iowa Select withdrew that application in response to mounting public pressure.

Iowa Citizens for Community Improvement is a statewide, grassroots people’s action group that uses community organizing to win public policy that puts communities before corporations and people before profits, politics and polluters. CCI has been fighting to put people first for over 40 years. Follow us on Twitter at @iowacci.

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They dump it. You drink it. We won’t stop ’til they clean it up!

That’s why we’re going to the next Environmental Protection Commission (EPC) meeting October 17. Can you join us?

Last month, the EPC — the DNR’s oversight panel — failed Iowans.

Instead of making common sense revisions to factory farm rules, they passed the buck to the legislature. Instead of using their authority, they shirked their responsibility to provide meangingful protections from Iowa’s out-of-control factory farm industry.

While the EPC ignored thousands of Iowans on our call to strengthen the Master Matrix — a tool used in the factory farm application process — they did agree to do one thing:

The commission does acknowledge that the current master matrix has been the subject of recent public attention and intends to review the current criteria with stakeholders to determine if any changes are needed.

That’s not enough, but we’re going to hold them to it.

We want to know: When will the commissioners review the Master Matrix? Which stakeholders will they meet with? By what time will they do this?

That’s why we’ll be at the next EPC meeting — to put their feet to the fire to ensure they actually follow through with their promises. Can you join us?

Des Moines, IA – Today at its monthly meeting, the Environmental Protection Commission (EPC) voted before a packed crowd to deny a rulemaking petition filed by Iowa Citizens for Community Improvement and Food & Water Watch to strengthen the master matrix – a tool in the factory farm permitting process. At the meeting, the commission received over 1,500 comments in support of the petition and nearly 100 Iowans showed up to tell the nine commissioners to strengthen the fifteen-year-old scoring system.

“I feel betrayed by the Environmental Protection Commission for voting against the people of Iowa today and deciding to do nothing to improve the factory farm permitting process,” said Rosie Partridge, CCI member from Sac County. “It is clear that the DNR and the EPC lack the political will to stand up to the factory farm industry and make these much-needed improvements for thousands of Iowans. Shame on them!”

Despite 17% of Iowa counties sending Letters of Support for the petition and/or passing resolutions that call for more protections from the factory farm industry, none of the eight commissioners present today voted to move forward with the rulemaking petition.

The denial was based on a recommendation by the Department of Natural Resources (DNR), the agency overseen by the EPC. Rather than responding comprehensively to the detailed petition, the DNR cherry-picked just a few proposals to justify denying the entire petition outright – even though the department could have given its own revisions and recommendations on the proposal.

“This vote against strengthening the master matrix is a vote for increasing Big Ag’s profits at the expense of Iowans’ health and environment. The DNR clearly lacks the political will to fix its broken regulations, but we will continue to fight for commonsense regulations to hold factory farms accountable and protect rural communities,” said Tarah Heinzen, Staff Attorney at Food & Water Watch.

The master matrix is supposed to provide a comprehensive review of environmental and community risks, allowing counties to recommend denial of facilities that will have harmful impacts. But the matrix developed by the DNR has proven so easy to pass that it has amounted to little more than a rubber stamp: Applicants only need to satisfy enough of the listed criteria to obtain 50 percent of the available points – an “F” by most standards. DNR records show that only 2.2 percent of applications have been denied since the master matrix was created in 2002.

The petition asked for:

A higher minimum passing score, requiring applicants to earn more points to obtain a permit;

A one-time enrollment for counties, rather than the current burdensome requirement for counties to readopt the master matrix every single year;

Revisions to the point structure to incentivize practices that prevent or mitigate pollution;

New criteria that consider more environmental factors, such as unique topography and existing water pollution impairments;

Elimination of criteria that do not provide meaningful environmental or community benefits; and

Increased separation distances from things like schools, homes, public use areas, wells, etc.

“My private well is a perfect example of why we need to strengthen the master matrix. In just three years, my well’s nitrate level has risen from 8 parts per million to 12, and this summer it tested at 19, almost double the federal safe drinking water standard,” said Janis Elliott, CCI member from Warren County. “Over 300,000 Iowans rely on private wells. How many of us are drinking poison?”

Meeting attendees vowed to continue pressuring the EPC, DNR, Governor Reynolds, and the Iowa Legislature to crack down on the factory farm industry and finally address Iowa’s growing water crisis. Following the EPC meeting, CCI members delivered letters to Speaker of the House Linda Upmeyer, Senate Majority Leader Bill Dix, and Governor Reynolds putting them on notice to take action during the 2018 legislative session.

“We won’t stop fighting the corporate cronyism that pollutes Iowa’s water. Today was only the beginning,” said Nick Schutt, farmer and CCI member from Hardin County. “To fix the problem, we need to hold our elected officials accountable and make sure they stand with the people of Iowa. Governor Reynolds and Iowa legislators, we are putting you on notice. We will see you in January!”

The citizen letters demanded:

a moratorium on new and expanding factory farm construction;

local control over the siting of factory farms;

mandatory – not voluntary – regulations to clean up our water;

tough enforcement of existing regulations; and

a plan to make industrial ag pay to clean up the $5 billion pollution problem it has created.

“It’s clear – the master matrix is broken. In the face of more inaction by Iowa DNR, it is the duty of Iowa’s elected officials to stand with everyday people,” the letters read. “We need a farm and food system that works for farmers, workers, eaters and our environment – not just industrial ag’s bottom line.”

Iowa Citizens for Community Improvement is a statewide, grassroots people’s action group that uses community organizing to win public policy that puts communities before corporations and people before profits, politics and polluters. CCI has been fighting to put people first for over 40 years. Follow us on Twitter at @iowacci

Food & Water Watch champions healthy food and clean water for all. We stand up to corporations that put profits before people, and advocate for a democracy that improves people’s lives and protects our environment.

Join the Fight!

Last week, we learned that the Department of Natural Resources (DNR) is recommending denial of the formal rulemaking petition filed by Iowa CCI and Food & Water Watch to finally strengthen the Master Matrix.

While their recommendation comes as no surprise, we are disappointed and angry that the agency sworn to protect Iowa’s people and environment has chosen to pass the buck. Their decision to deny commonsense water protections signals that the DNR is not truly invested in making sure our communities are adequately protected from the factory farm industry.

We proposed a Master Matrix that is more than just an automatic pass. But it’s clear that DNR wants to ensure this tool remains a rubber stamp for corporate ag.

DNR cherry-picked just a few items in the petition to justify denying it outright, while ignoring everything else. And in their response, DNR completely failed to even mention that the factory farm industry has expanded exponentially since the Master Matrix was created 15 years ago and is a major contributor to Iowa’s water crisis.

Here’s our rebuttal to DNR’s weak excuses:

DNR says our proposed Master Matrix is not feasible for the industry to pass. We disagree. Our petition is feasible because it is “capable of being done or carried out” – which DNR even acknowledged in its review.

DNR says we’re demanding too much by asking them to select appropriate separation distances. This excuse is unacceptable. Protecting our natural resources is their job.

DNR says certain criteria in our proposal are “improper” – like taking into consideration an applicant’s violation history. Everything that we proposed in the petition is legally possible and justifiable.

Even if DNR disagrees with certain items in our petition, that is no reason to deny it outright. Our proposal is a place to start – DNR could still move forward and offer their own alternatives.

But, because they chose to deny it in whole, DNR is yet again passing the buck and losing out on an opportunity to make changes right now.

Join the Fight!

In late October we put out a call for you to write letters to the editor to help advance our narrative around factory farming and the environment. We want to make sure our legislators hear loud and clear that:

Farming practices that protect our water should be mandatory – voluntary compliance does not work.

Big Ag polluters (like Cargill, Prestage, Farm Bureau, and Monsanto) must pay to clean up the water quality mess they’ve created – not taxpayers.

Every factory farm in Iowa needs a Clean Water Act permit, meaningful inspections, and tough fines and penalties when violations occur.

Iowa needs a factory farm moratorium now!

Wow! You knocked it out of the park. Check out these spot-on letters that were submitted by CCI members from around the state.

This is one way we can shift the narrative and it’s not to late to add your name to the list of letter writers!

Submit a letter to the editor to your local paper and send a copy to jess@iowacci.org.

Let us know if there’s a letter that we missed. Send an email to jess@iowacci.org

LIKE and SHARE for a #CleanWaterIowa

Iowa DNR passes the buck again on clean water

In May, Iowa’s factory farm rules were opened up for a 5-year review. This was the Department of Natural Resource’s (DNR) and Environmental Protection Commission’s (EPC) opportunity to close loopholes within their factory farm permitting and enforcement authority.

DNR received 1,600 comments on the factory farm rules. Roughly 90% of the comments supported strengthening the rules, but instead of listening to the people, the DNR continued business-as-usual and listened to the industry.

TAKE ACTION! EPC to vote on DNR’s proposed rule changes on Tuesday, October 18. Click here.

This is our last chance to weigh in before the vote and demand DNR and EPC close the LLC loophole, hold factory farm corporations accountable, and protect our water. Join us at the CCI Office at 9 am Tuesday, October 18 to testify at the EPC meeting.

Iowans Demand Stronger Rules

The Iowa DNR says over and over again that “their hands are tied” and that improvements to water quality can only happen through legislation. We know that’s not true.

Here are three ways the EPC & DNR could improve water quality, but blatantly choose not to.

1. Close the LLC loophole

Again and again, we see unpermitted factory farms build one right next to another under different LLCs. Iowans who have fought factory farms from moving in next door are sick and tired of seeing factory farms build just one or two hogs under the permit threshold which allows them skirt around stronger permitting laws. DNR has the ability through rulemaking to close this loophole —but is passing the buck to the legislature and choosing to do nothing.

EPC & DNR can fix this by:

Strengthening the definition of “common area” so factory farms owned by the same person that spread manure on the same fields are considered one large factory farm.

Strengthen the definition of “common ownership” so multiple “small” unpermitted factory farms with the same owner(s) are considered one large factory farm, which must comply with manure management plans.

2. Hold factory farm corporations accountable

Most factory farms in Iowa are operated as “contract growers,” meaning a local person owns the building and the manure, but a big ag corporation– like Cargill, Iowa Select, Maschoff, etc—own the hogs. Currently, when a violation occurs, only the “contact grower” is held responsible. We think big ag corporations should be responsible for their own mess. The DNR acknowledges that this is possible through rulemaking, but hasn’t made this improvement.

EPC & DNR can fix this by:

Strengthening the definition of “controlling interest” so corporate integrators like Prestage, Cargill, & Smithfield can be held liable for violations.

Strengthening the definition of “enforcement action” so fines or penalties can be issued to corporate integrators who actually own the hogs.

3. Protect our water

Iowa is in a water crisis and mandatory manure regulations are one way we can clean it up. DNR can strengthen manure management laws to make sure manure doesn’t runoff into our water but choose not to.

EPC & DNR can fix this by:

Strengthening the definition of “public use area” in the permitting process to include a lake itself and tributaries of the lake, not just the dock or shelter areas.

Banning manure application on frozen/snow-covered/water-saturated ground and on karst terrain – no excuses!

We fight for justice on the ground with thousands of Iowans every year. Sign up for our weekly newsletter for ways to take action to stop factory farms, clean up Iowa’s water, end racially-biased policing tactics and anti-immigrant legislation, win back Iowa’s Medicaid program, and build the movement for single payer healthcare.

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